US (United States) Code. Title 25. Chapter 24: Indian land consolidation

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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-CITE-

25 USC CHAPTER 24 - INDIAN LAND CONSOLIDATION 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-MISC1-

Sec.

2201. Definitions.

2202. Other applicable provisions.

2203. Adoption of land consolidation plan with approval of

Secretary.

(a) Statement of purpose; sales or exchanges: terms

and conditions.

(b) Conveyancing requirement; specific findings for

nonexecution.

(c) Below market value conveyance of Cherokee

Nation of Oklahoma homesites.

2204. Purchase of trust or restricted or controlled lands at

no less than fair market value; requisite conditions.

(a) In general.

(b) Conditions applicable to purchase.

2205. Tribal probate codes; acquisitions of fractional

interests by tribes.

(a) Tribal probate codes.

(b) Secretarial approval.

(c) Authority available to Indian tribes.

(d) Use of proposed findings by tribal justice

systems.

2206. Descent and distribution.

(a) Testamentary disposition.

(b) Intestate succession.

(c) Joint tenancy; right of survivorship.

(d) Descent of off-reservation lands.

(e) Approval of agreements.

(f) Estate planning assistance.

(g) Notification to Indian tribes and owners of

trust or restricted lands.

2207. Full faith and credit to tribal actions under tribal

ordinances limiting descent and distribution of trust

or restricted or controlled lands.

2208. Conveyancing authority upon sale or exchange of tribal

lands; removal of trust status of individually owned

lands.

2209. Trusteeship title of United States for any Indian or

Indian tribe.

2210. Tax exemption.

2211. Governing body of tribe; construction of chapter as

not vesting with authority not authorized by tribal

constitution or by-laws.

2212. Pilot program for the acquisition of fractional

interests.

(a) Acquisition by Secretary.

(b) Requirements.

(c) Sale of interest to Indian landowners.

2213. Administration of acquired fractional interests;

disposition of proceeds.

(a) In general.

(b) Conditions.

(c) Tribe not treated as party to lease; no effect

on tribal sovereignty, immunity.

2214. Establishing fair market value.

2215. Acquisition Fund.

(a) In general.

(b) Deposits; use.

2216. Trust and restricted land transactions.

(a) Policy.

(b) Sales, exchanges and gift deeds between Indians

and between Indians and Indian tribes.

(c) Acquisition of interest by Secretary.

(d) Status of lands.

(e) Land ownership information.

(f) Notice to Indian tribe.

2217. Reports to Congress.

(a) In general.

(b) Report.

2218. Approval of leases, rights-of-way, and sales of

natural resources.

(a) Approval by the Secretary.

(b) Applicable percentage.

(c) Authority of Secretary to sign lease or

agreement on behalf of certain owners.

(d) Effect of approval.

(e) Distribution of proceeds.

(f) Rule of construction.

2219. Application to Alaska.

(a) Findings.

(b) Application of chapter to Alaska.

(c) Rule of construction.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 348, 372, 373, 464 of

this title.

-End-

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25 USC Sec. 2201 01/06/03

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TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2201. Definitions

-STATUTE-

For the purpose of this chapter -

(1) "Indian tribe" or "tribe" means any Indian tribe, band,

group, pueblo, or community for which, or for the members of

which, the United States holds lands in trust;

(2) "Indian" means any person who is a member of any Indian

tribe or is eligible to become a member of any Indian tribe, or

any person who has been found to meet the definition of "Indian"

under a provision of Federal law if the Secretary determines that

using such law's definition of Indian is consistent with the

purposes of this chapter;

(3) "Secretary" means the Secretary of the Interior;

(4) "trust or restricted lands" means lands, title to which is

held by the United States in trust for an Indian or an Indian

tribe or lands title to which is held by Indians or an Indian

tribe subject to a restriction by the United States against

alienation; and

(5) "heirs of the first or second degree" means parents,

children, grandchildren, grandparents, brothers and sisters of a

decedent.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 202, Jan. 12, 1983, 96 Stat. 2517;

Pub. L. 106-462, title I, Sec. 103(1), Nov. 7, 2000, 114 Stat.

1992.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in par. (2), was in the original "this

Act", which was translated as reading "this title", meaning title

II of Pub. L. 97-459, to reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

2000 - Par. (1). Pub. L. 106-462, Sec. 103(1)(A), substituted

"(1)'Indian tribe' or 'tribe' " for "(1) 'tribe' ".

Par. (2). Pub. L. 106-462, Sec. 103(1)(B), added par. (2) and

struck out former par. (2) which read as follows: " 'Indian' means

any person who is a member of a tribe or any person who is

recognized as an Indian by the Secretary of the Interior;".

Par. (5). Pub. L. 106-462, Sec. 103(1)(C)-(E), added par. (5).

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-462, Sec. 1, Nov. 7, 2000, 114 Stat. 1991, provided

that: "This Act [enacting sections 2205, 2206, and 2212 to 2219 of

this title, amending this section and sections 348, 372, 373, 464,

2204, and 2207 of this title, repealing sections 331 to 333, 2205,

and 2206 of this title, and enacting provisions set out as notes

under this section and sections 396 and 2206 of this title] may be

cited as the 'Indian Land Consolidation Act Amendments of 2000'."

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102-238, Sec. 1, Dec. 17, 1991, 105 Stat. 1908, provided

that: "This Act [amending sections 2203, 2703, and 2718 of this

title, enacting provisions set out as a note under section 1437f of

Title 42, The Public Health and Welfare, and repealing provisions

set out as a note under section 1437f of Title 42] may be cited as

the 'Technical Amendments to Various Indian Laws Act of 1991'."

SHORT TITLE

Section 201 of title II of Pub. L. 97-459 provided that: "This

title [enacting this chapter] may be cited as the 'Indian Land

Consolidation Act'."

CONGRESSIONAL FINDINGS

Pub. L. 106-462, title I, Sec. 101, Nov. 7, 2000, 114 Stat. 1991,

provided that: "Congress finds that -

"(1) in the 1800's and early 1900's, the United States sought

to assimilate Indian people into the surrounding non-Indian

culture by allotting tribal lands to individual members of Indian

tribes;

"(2) as a result of the allotment Acts and related Federal

policies, over 90,000,000 acres of land have passed from tribal

ownership;

"(3) many trust allotments were taken out of trust status,

often without their owner's consent;

"(4) without restrictions on alienation, allotment owners were

subject to exploitation and their allotments were often sold or

disposed of without any tangible or enduring benefit to their

owners;

"(5) the trust periods for trust allotments have been extended

indefinitely;

"(6) because of the inheritance provisions in the original

treaties or allotment Acts, the ownership of many of the trust

allotments that have remained in trust status has become

fractionated into hundreds or thousands of undivided interests,

many of which represent 2 percent or less of the total interests;

"(7) Congress has authorized the acquisition of lands in trust

for individual Indians, and many of those lands have also become

fractionated by subsequent inheritance;

"(8) the acquisitions referred to in paragraph (7) continue to

be made;

"(9) the fractional interests described in this section often

provide little or no return to the beneficial owners of those

interests and the administrative costs borne by the United States

for those interests are inordinately high;

"(10) in Babbitt v. Youpee (117 S[.] Ct. 727 (1997)), the

United States Supreme Court found the application of section 207

of the Indian Land Consolidation Act (25 U.S.C. 2206) to the

facts presented in that case to be unconstitutional, forcing the

Department of the Interior to address the status of thousands of

undivided interests in trust and restricted lands;

"(11)(A) on February 19, 1999, the Secretary of the Interior

issued a Secretarial Order which officially reopened the probate

of all estates where an interest in land was ordered to escheat

to an Indian tribe pursuant to section 207 of the Indian Land

Consolidation Act (25 U.S.C. 2206); and

"(B) the Secretarial Order also directed appropriate officials

of the Bureau of Indian Affairs to distribute such interests 'to

the rightful heirs and beneficiaries without regard to 25 U.S.C.

2206';

"(12) in the absence of comprehensive remedial legislation, the

number of the fractional interests will continue to grow

exponentially;

"(13) the problem of the fractionation of Indian lands

described in this section is the result of a policy of the

Federal Government, cannot be solved by Indian tribes, and

requires a solution under Federal law.[;]

"(14) any devise or inheritance of an interest in trust or

restricted Indian lands is a matter of Federal law; and

"(15) consistent with the Federal policy of tribal

self-determination, the Federal Government should encourage the

recognized tribal government that exercises jurisdiction over a

reservation to establish a tribal probate code for that

reservation."

DECLARATION OF POLICY

Pub. L. 106-462, title I, Sec. 102, Nov. 7, 2000, 114 Stat. 1992,

provided that: "It is the policy of the United States -

"(1) to prevent the further fractionation of trust allotments

made to Indians;

"(2) to consolidate fractional interests and ownership of those

interests into usable parcels;

"(3) to consolidate fractional interests in a manner that

enhances tribal sovereignty;

"(4) to promote tribal self-sufficiency and self-determination;

and

"(5) to reverse the effects of the allotment policy on Indian

tribes."

AUTHORIZATION OF APPROPRIATIONS

Pub. L. 106-462, title I, Sec. 105, Nov. 7, 2000, 114 Stat. 2007,

provided that: "There are authorized to be appropriated not to

exceed $8,000,000 for fiscal year 2001 and each subsequent fiscal

year to carry out the provisions of this title [enacting sections

2205, 2206, and 2212 to 2219 of this title, amending this section

and sections 348, 372, 373, 464, 2204, and 2207 of this title,

repealing sections 331 to 333, 2205, and 2206 of this title, and

enacting provisions set out as notes under this section and section

2206 of this title] (and the amendments made by this title) that

are not otherwise funded under the authority provided for in any

other provision of Federal law."

-End-

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25 USC Sec. 2202 01/06/03

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TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2202. Other applicable provisions

-STATUTE-

The provisions of section 465 of this title shall apply to all

tribes notwithstanding the provisions of section 478 of this title:

Provided, That nothing in this section is intended to supersede any

other provision of Federal law which authorizes, prohibits, or

restricts the acquisition of land for Indians with respect to any

specific tribe, reservation, or state(s).

-SOURCE-

(Pub. L. 97-459, title II, Sec. 203, Jan. 12, 1983, 96 Stat. 2517.)

-End-

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25 USC Sec. 2203 01/06/03

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TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2203. Adoption of land consolidation plan with approval of

Secretary

-STATUTE-

(a) Statement of purpose; sales or exchanges: terms and conditions

Notwithstanding any other provision of law, any tribe, acting

through its governing body, is authorized, with the approval of the

Secretary to adopt a land consolidation plan providing for the sale

or exchange of any tribal lands or interest in lands for the

purpose of eliminating undivided fractional interests in Indian

trust or restricted lands or consolidating its tribal landholdings:

Provided, That -

(1) except as provided by subsection (c) of this section, the

sale price or exchange value received by the tribe for land or

interests in land covered by this section shall be no less than

within 10 per centum of the fair market value as determined by

the Secretary;

(2) if the tribal land involved in an exchange is of greater or

lesser value than the land for which it is being exchanged, the

tribe may accept or give cash in such exchange in order to

equalize the values of the property exchanged;

(3) any proceeds from the sale of land or interests in land or

proceeds received by the tribe to equalize an exchange made

pursuant to this section shall be used exclusively for the

purchase of other land or interests in land;

(4) the Secretary shall maintain a separate trust account for

each tribe selling or exchanging land pursuant to this section

consisting of the proceeds of the land sales and exchanges and

shall release such funds only for the purpose of buying lands

under this section; and

(5) any tribe may retain the mineral rights to such sold or

exchanged lands and the Secretary shall assist such tribe in

determining the value of such mineral rights and shall take such

value into consideration in determining the fair market value of

such lands.

(b) Conveyancing requirement; specific findings for nonexecution

The Secretary must execute such instrument of conveyance needed

to effectuate a sale or exchange of tribal lands made pursuant to

an approved tribal land consolidation plan unless he makes a

specific finding that such sale or exchange is not in the best

interest of the tribe or is not in compliance with the tribal land

consolidation plan.

(c) Below market value conveyance of Cherokee Nation of Oklahoma

homesites

The Secretary may execute instruments of conveyance for less than

fair market value to effectuate the transfer of lands used as

homesites held, on December 17, 1991, by the United States in trust

for the Cherokee Nation of Oklahoma. Only the lands used as

homesites, and described in the land consolidation plan of the

Cherokee Nation of Oklahoma approved by the Secretary on February

6, 1987, shall be subject to this subsection.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 204, Jan. 12, 1983, 96 Stat. 2517;

Pub. L. 98-608, Sec. 1(1), Oct. 30, 1984, 98 Stat. 3171; Pub. L.

102-238, Sec. 3, Dec. 17, 1991, 105 Stat. 1908.)

-MISC1-

AMENDMENTS

1991 - Subsec. (a)(1). Pub. L. 102-238, Sec. 3(1), substituted

"(1) except as provided by subsection (c) of this section, the sale

price" for "(1) the sale price".

Subsec. (c). Pub. L. 102-238, Sec. 3(2), added subsec. (c).

1984 - Subsec. (a). Pub. L. 98-608 amended subsec. (a) generally,

substituting ": Provided, That - " for period at end and inserting

five numbered pars., thereby correcting errors originally contained

in this section as enacted by Pub. L. 97-459, the text of which had

a portion of section 204 appearing in section 206 (classified to

section 2205 of this title) as the result of inadvertent error in

the execution of committee amendments (see House Report No. 97-908,

Sept. 30, 1982) to the bill. Pub. L. 97-459 enacted subsec. (a) as

ending with "tribal landholdings.", and included portion of section

204 containing proviso and five numbered pars. within text of

section 206.

Subsec. (b). Pub. L. 98-608 included subsec. (b) within this

section and substituted a period for the dash after "tribal land

consolidation plan", thereby correcting errors originally contained

in this section as enacted by Pub. L. 97-459, which, as the result

of inadvertent error in the execution of committee amendments (see

House Report No. 97-908, Sept. 30, 1982) to the bill, enacted

subsec. (b) as part of section 206(b) of Pub. L. 97-459 and ended

it with "tribal land consolidation plan - ".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2204, 2212 of this title.

-End-

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25 USC Sec. 2204 01/06/03

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TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2204. Purchase of trust or restricted or controlled lands at

no less than fair market value; requisite conditions

-STATUTE-

(a) In general

Subject to subsection (b) of this section, any Indian tribe may

purchase at no less than the fair market value part or all of the

interests in any tract of trust or restricted land within that

tribe's reservation or otherwise subject to that tribe's

jurisdiction with the consent of the owners of such interests. The

tribe may purchase all of the interests in such tract with the

consent of the owners of over 50 per centum of the undivided

interests in such tract. Interests owned by an Indian tribe in a

tract may be included in the computation of the percentage of

ownership of the undivided interests in that tract for purposes of

determining whether the consent requirement under the preceding

sentence has been met.

(b) Conditions applicable to purchase

Subsection (a) of this section applies on the condition that -

(1) any Indian owning any undivided interest, and in actual use

and possession of such tract for at least three years preceding

the tribal initiative, may purchase such tract by matching the

tribal offer;

(2) if at any time within five years following the date of

acquisition of such land by an individual pursuant to this

section, such property is offered for sale or a petition is filed

with the Secretary for removal of the property from trust or

restricted status, the tribe shall have 180 days from the date it

is notified of such offer or petition to acquire such property by

paying to the owner the fair market value as determined by the

Secretary; and

(3) the approval of the Secretary shall be required for a land

sale initiated under this section, except that such approval

shall not be required with respect to a land sale transaction

initiated by an Indian tribe that has in effect a land

consolidation plan that has been approved by the Secretary under

section 2203 of this title.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 205, Jan. 12, 1983, 96 Stat. 2517;

Pub. L. 98-608, Sec. 1(2), Oct. 30, 1984, 98 Stat. 3171; Pub. L.

106-462, title I, Sec. 103(2), Nov. 7, 2000, 114 Stat. 1993.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 106-462, Sec. 103(2)(A)(iii), which directed

substitution of subsec. (b) designation and heading and "Subsection

(a) of this section applies on the condition that - " for ":

Provided, That - ", was executed by making the substitution for

"Provided, That - " to reflect the probable intent of Congress and

the amendment by Pub. L. 106-462, Sec. 103(2)(A)(ii). See below.

Pub. L. 106-462, Sec. 103(2)(A)(i), (ii), substituted subsec. (a)

designation and heading and "Subject to subsection (b) of this

section, any Indian" for "Any Indian" and ". Interests owned by an

Indian tribe in a tract may be included in the computation of the

percentage of ownership of the undivided interests in that tract

for purposes of determining whether the consent requirement under

the preceding sentence has been met." for the colon before

"Provided, That - ".

Subsec. (b)(2). Pub. L. 106-462, Sec. 103(2)(B)(ii), inserted

"and" at end.

Pub. L. 106-462, Sec. 103(2)(B)(i), which directed substitution

of "if" for "If,", was executed by making the substitution for

"if," to reflect the probable intent of Congress.

Subsec. (b)(3). Pub. L. 106-462, Sec. 103(2)(C), added par. (3)

and struck out former par. (3) which read as follows: "all

purchases and sales initiated under this section shall be subject

to approval by the Secretary."

1984 - Pub. L. 98-608 amended section generally, substituting

"the owners of such interests. The tribe may purchase all of the

interests in such tract with the consent of the owners of over 50

per centum of the undivided interests in such tract" for "of over

50 per centum of the owners or with the consent of the owners of

over 50 per centum of undivided interests in such tract" before

proviso.

Par. (1). Pub. L. 98-608 redesignated par. (2) as (1) and

inserted "for at least three years preceding the tribal

initiative," before "may purchase such tract". Former par. (1),

which provided that no such tract shall be acquired by any Indian

or tribe over the objections of three or less owners owning 50 per

centum or more of the total interest in such tract, was struck out.

Par. (2). Pub. L. 98-608 added par. (2). Former par. (2)

redesignated (1).

Pars. (3), (4). Pub. L. 98-608 redesignated par. (4) as (3), and

in par. (3), as so redesignated, substituted "subject to approval"

for "approved" and struck out former par. (3), which provided that

"this section shall not apply to any tract of land owned by less

than fifteen persons; and".

-End-

-CITE-

25 USC Sec. 2205 01/06/03

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TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2205. Tribal probate codes; acquisitions of fractional

interests by tribes

-STATUTE-

(a) Tribal probate codes

(1) In general

Notwithstanding any other provision of law, any Indian tribe

may adopt a tribal probate code to govern descent and

distribution of trust or restricted lands that are -

(A) located within that Indian tribe's reservation; or

(B) otherwise subject to the jurisdiction of that Indian

tribe.

(2) Possible inclusions

A tribal probate code referred to in paragraph (1) may include

-

(A) rules of intestate succession; and

(B) other tribal probate code provisions that are consistent

with Federal law and that promote the policies set forth in

section 102 of the Indian Land Consolidation Act Amendments of

2000.

(3) Limitations

The Secretary shall not approve a tribal probate code if such

code prevents an Indian person from inheriting an interest in an

allotment that was originally allotted to his or her lineal

ancestor.

(b) Secretarial approval

(1) In general

Any tribal probate code enacted under subsection (a) of this

section, and any amendment to such a tribal probate code, shall

be subject to the approval of the Secretary.

(2) Review and approval

(A) In general

Each Indian tribe that adopts a tribal probate code under

subsection (a) of this section shall submit that code to the

Secretary for review. Not later than 180 days after a tribal

probate code is submitted to the Secretary under this

paragraph, the Secretary shall review and approve or disapprove

that tribal probate code.

(B) Consequence of failures to approve or disapprove a tribal

probate code

If the Secretary fails to approve or disapprove a tribal

probate code submitted for review under subparagraph (A) by the

date specified in that subparagraph, the tribal probate code

shall be deemed to have been approved by the Secretary, but

only to the extent that the tribal probate code is consistent

with Federal law and promotes the policies set forth in section

102 of the Indian Land Consolidation Act Amendments of 2000.

(C) Consistency of tribal probate code with chapter

The Secretary may not approve a tribal probate code, or any

amendment to such a code, under this paragraph unless the

Secretary determines that the tribal probate code promotes the

policies set forth in section 102 of the Indian Land

Consolidation Act Amendments of 2000.

(D) Explanation

If the Secretary disapproves a tribal probate code, or an

amendment to such a code, under this paragraph, the Secretary

shall include in the notice of disapproval to the Indian tribe

a written explanation of the reasons for the disapproval.

(E) Amendments

(i) In general

Each Indian tribe that amends a tribal probate code under

this paragraph shall submit the amendment to the Secretary

for review and approval. Not later than 60 days after

receiving an amendment under this subparagraph, the Secretary

shall review and approve or disapprove the amendment.

(ii) Consequence of failure to approve or disapprove an

amendment

If the Secretary fails to approve or disapprove an

amendment submitted under clause (i), the amendment shall be

deemed to have been approved by the Secretary, but only to

the extent that the amendment is consistent with Federal law

and promotes the policies set forth in section 102 of the

Indian Land Consolidation Act (!1) of 2000.

(3) Effective dates

A tribal probate code approved under paragraph (2) shall become

effective on the later of -

(A) the date specified in section 2206(g)(5) of this title;

or

(B) 180 days after the date of approval.

(4) Limitations

(A) Tribal probate codes

Each tribal probate code enacted under subsection (a) of this

section shall apply only to the estate of a decedent who dies

on or after the effective date of the tribal probate code.

(B) Amendments to tribal probate codes

With respect to an amendment to a tribal probate code

referred to in subparagraph (A), that amendment shall apply

only to the estate of a decedent who dies on or after the

effective date of the amendment.

(5) Repeals

The repeal of a tribal probate code shall -

(A) not become effective earlier than the date that is 180

days after the Secretary receives notice of the repeal; and

(B) apply only to the estate of a decedent who dies on or

after the effective date of the repeal.

(c) Authority available to Indian tribes

(1) In general

If the owner of an interest in trust or restricted land devises

an interest in such land to a non-Indian under section

2206(a)(6)(A) of this title, the Indian tribe that exercises

jurisdiction over the parcel of land involved may acquire such

interest by paying to the Secretary the fair market value of such

interest, as determined by the Secretary on the date of the

decedent's death. The Secretary shall transfer such payment to

the devisee.

(2) Limitation

(A) In general

Paragraph (1) shall not apply to an interest in trust or

restricted land if, while the decedent's estate is pending

before the Secretary, the non-Indian devisee renounces the

interest in favor of an Indian person.

(B) Reservation of life estate

A non-Indian devisee described in subparagraph (A) or a

non-Indian devisee described in section 2206(a)(6)(B) of this

title, may retain a life estate in the interest involved,

including a life estate to the revenue produced from the

interest. The amount of any payment required under paragraph

(1) shall be reduced to reflect the value of any life estate

reserved by a non-Indian devisee under this subparagraph.

(3) Payments

With respect to payments by an Indian tribe under paragraph

(1), the Secretary shall -

(A) upon the request of the tribe, allow a reasonable period

of time, not to exceed 2 years, for the tribe to make payments

of amounts due pursuant to paragraph (1); or

(B) recognize alternative agreed upon exchanges of

consideration or extended payment terms between the non-Indian

devisee described in paragraph (1) and the tribe in

satisfaction of the payment under paragraph (1).

(d) Use of proposed findings by tribal justice systems

(1) Tribal justice system defined

In this subsection, the term "tribal justice system" has the

meaning given that term in section 3602 of this title.

(2) Regulations

The Secretary by regulation may provide for the use of findings

of fact and conclusions of law, as rendered by a tribal justice

system, as proposed findings of fact and conclusions of law in

the adjudication of probate proceedings by the Department of the

Interior.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 206, as added Pub. L. 106-462,

title I, Sec. 103(3), Nov. 7, 2000, 114 Stat. 1993.)

-REFTEXT-

REFERENCES IN TEXT

Section 102 of the Indian Land Consolidation Act Amendments of

2000, referred to in subsecs. (a)(2)(B), (b)(2)(B), (C), (E)(ii),

is section 102 of Pub. L. 106-462, which is set out as a note under

section 2201 of this title.

This chapter, referred to in subsec. (b)(2)(C), was in the

original "this Act", which was translated as reading "this title",

meaning title II of Pub. L. 97-459, to reflect the probable intent

of Congress.

-MISC1-

PRIOR PROVISIONS

A prior section 2205, Pub. L. 97-459, title II, Sec. 206, Jan.

12, 1983, 96 Stat. 2518; Pub. L. 98-608, Sec. 1(3), Oct. 30, 1984,

98 Stat. 3172, related to descent and distribution of trust or

restricted or controlled lands, tribal ordinance barring nonmembers

of tribe or non-Indians from inheritance by devise or descent, and

limitation on life estate, prior to repeal by Pub. L. 106-462,

title I, Sec. 103(3), Nov. 7, 2000, 114 Stat. 1993.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2206, 2207 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "Amendments".

-End-

-CITE-

25 USC Sec. 2206 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2206. Descent and distribution

-STATUTE-

(a) Testamentary disposition

(1) In general

Interests in trust or restricted land may be devised only to -

(A) the decedent's Indian spouse or any other Indian person;

or

(B) the Indian tribe with jurisdiction over the land so

devised.

(2) Life estate

Any devise of an interest in trust or restricted land to a

non-Indian shall create a life estate with respect to such

interest.

(3) Remainder

(A) In general

Except where the remainder from the life estate referred to

in paragraph (2) is devised to an Indian, such remainder shall

descend to the decedent's Indian spouse or Indian heirs of the

first or second degree pursuant to the applicable law of

intestate succession.

(B) Descent of interests

If a decedent described in subparagraph (A) has no Indian

heirs of the first or second degree, the remainder interest

described in such subparagraph shall descend to any of the

decedent's collateral heirs of the first or second degree,

pursuant to the applicable laws of intestate succession, if on

the date of the decedent's death, such heirs were a co-owner of

an interest in the parcel of trust or restricted land involved.

(C) Definition

For purposes of this section, the term "collateral heirs of

the first or second degree" means the brothers, sisters, aunts,

uncles, nieces, nephews, and first cousins, of a decedent.

(4) Descent to tribe

If the remainder interest described in paragraph (3)(A) does

not descend to an Indian heir or heirs it shall descend to the

Indian tribe that exercises jurisdiction over the parcel of trust

or restricted lands involved, subject to paragraph (5).

(5) Acquisition of interest by Indian co-owners

An Indian co-owner of a parcel of trust or restricted land may

prevent the descent of an interest in Indian land to an Indian

tribe under paragraph (4) by paying into the decedent's estate

the fair market value of the interest in such land. If more than

1 Indian co-owner offers to pay for such an interest, the highest

bidder shall obtain the interest. If payment is not received

before the close of the probate of the decedent's estate, the

interest shall descend to the tribe that exercises jurisdiction

over the parcel.

(6) Special rule

(A) In general

Notwithstanding paragraph (2), an owner of trust or

restricted land who does not have an Indian spouse, Indian

lineal descendant, an Indian heir of the first or second

degree, or an Indian collateral heir of the first or second

degree, may devise his or her interests in such land to any of

the decedent's heirs of the first or second degree or

collateral heirs of the first or second degree.

(B) Acquisition of interest by tribe

An Indian tribe that exercises jurisdiction over an interest

in trust or restricted land described in subparagraph (A) may

acquire any interest devised to a non-Indian as provided for in

section 2205(c) of this title.

(b) Intestate succession

(1) In general

An interest in trust or restricted land shall pass by intestate

succession only to a decedent's spouse or heirs of the first or

second degree, pursuant to the applicable law of intestate

succession.

(2) Life estate

Notwithstanding paragraph (1), with respect to land described

in such paragraph, a non-Indian spouse or non-Indian heirs of the

first or second degree shall only receive a life estate in such

land.

(3) Descent of interests

If a decedent described in paragraph (1) has no Indian heirs of

the first or second degree, the remainder interest from the life

estate referred to in paragraph (2) shall descend to any of the

decedent's collateral Indian heirs of the first or second degree,

pursuant to the applicable laws of intestate succession, if on

the date of the decedent's death, such heirs were a co-owner of

an interest in the parcel of trust or restricted land involved.

(4) Descent to tribe

If the remainder interest described in paragraph (3) does not

descend to an Indian heir or heirs it shall descend to the Indian

tribe that exercises jurisdiction over the parcel of trust or

restricted lands involved, subject to paragraph (5).

(5) Acquisition of interest by Indian co-owners

An Indian co-owner of a parcel of trust or restricted land may

prevent the descent of an interest in such land for which there

is no heir of the first or second degree by paying into the

decedent's estate the fair market value of the interest in such

land. If more than 1 Indian co-owner makes an offer to pay for

such an interest, the highest bidder shall obtain the interest.

If no such offer is made, the interest shall descend to the

Indian tribe that exercises jurisdiction over the parcel of land

involved.

(c) Joint tenancy; right of survivorship

(1) Testate

If a testator devises interests in the same parcel of trust or

restricted lands to more than 1 person, in the absence of express

language in the devise to the contrary, the devise shall be

presumed to create joint tenancy with the right of survivorship

in the land involved.

(2) Intestate

(A) In general

Any interest in trust or restricted land that -

(i) passes by intestate succession to more than 1 person,

including a remainder interest under subsection (a) or (b) of

this section; and

(ii) that constitutes 5 percent or more of the undivided

interest in a parcel of trust or restricted land;

shall be held as tenancy in common.

(B) Limited interest

Any interest in trust or restricted land that -

(i) passes by intestate succession to more than 1 person,

including a remainder interest under subsection (a) or (b) of

this section; and

(ii) that constitutes less than 5 percent of the undivided

interest in a parcel of trust or restricted land;

shall be held by such heirs with the right of survivorship.

(3) Effective date

(A) In general

This subsection (other than subparagraph (B)) shall become

effective on the later of -

(i) the date referred to in subsection (g)(5) of this

section; or

(ii) the date that is six months after the date on which

the Secretary makes the certification required under

subparagraph (B).

(B) Certification

Upon a determination by the Secretary that the Department of

the Interior has the capacity, including policies and

procedures, to track and manage interests in trust or

restricted land held with the right of survivorship, the

Secretary shall certify such determination and publish such

certification in the Federal Register.

(d) Descent of off-reservation lands

(1) Indian reservation defined

For purposes of this subsection, the term "Indian reservation"

includes lands located within -

(A)(i) Oklahoma; and

(ii) the boundaries of an Indian tribe's former reservation

(as defined and determined by the Secretary);

(B) the boundaries of any Indian tribe's current or former

reservation; or

(C) any area where the Secretary is required to provide

special assistance or consideration of a tribe's acquisition of

land or interests in land.

(2) Descent

Except in the State of California, upon the death of an

individual holding an interest in trust or restricted lands that

are located outside the boundaries of an Indian reservation and

that are not subject to the jurisdiction of any Indian tribe,

that interest shall descend either -

(A) by testate or intestate succession in trust to an Indian;

or

(B) in fee status to any other devises or heirs.

(e) Approval of agreements

The official authorized to adjudicate the probate of trust or

restricted lands shall have the authority to approve agreements

between a decedent's heirs and devisees to consolidate interests in

trust or restricted lands. The agreements referred to in the

preceding sentence may include trust or restricted lands that are

not a part of the decedent's estate that is the subject of the

probate. The Secretary may promulgate regulations for the

implementation of this subsection.

(f) Estate planning assistance

(1) In general

The Secretary shall provide estate planning assistance in

accordance with this subsection, to the extent amounts are

appropriated for such purpose.

(2) Requirements

The estate planning assistance provided under paragraph (1)

shall be designed to -

(A) inform, advise, and assist Indian landowners with respect

to estate planning in order to facilitate the transfer of trust

or restricted lands to a devisee or devisees selected by the

landowners; and

(B) assist Indian landowners in accessing information

pursuant to section 2216(e) of this title.

(3) Contracts

In carrying out this section, the Secretary may enter into

contracts with entities that have expertise in Indian estate

planning and tribal probate codes.

(g) Notification to Indian tribes and owners of trust or restricted

lands

(1) In general

Not later than 180 days after November 7, 2000, the Secretary

shall notify Indian tribes and owners of trust or restricted

lands of the amendments made by the Indian Land Consolidation Act

Amendments of 2000.

(2) Specifications

The notice required under paragraph (1) shall be designed to

inform Indian owners of trust or restricted land of -

(A) the effect of this chapter, with emphasis on the effect

of the provisions of this section, on the testate disposition

and intestate descent of their interests in trust or restricted

land; and

(B) estate planning options available to the owners,

including any opportunities for receiving estate planning

assistance or advice.

(3) Requirements

The Secretary shall provide the notice required under paragraph

(1) -

(A) by direct mail for those Indians with interests in trust

and restricted lands for which the Secretary has an address for

the interest holder;

(B) through the Federal Register;

(C) through local newspapers in areas with significant Indian

populations, reservation newspapers, and newspapers that are

directed at an Indian audience; and

(D) through any other means determined appropriate by the

Secretary.

(4) Certification

After providing notice under this subsection, the Secretary

shall certify that the requirements of this subsection have been

met and shall publish notice of such certification in the Federal

Register.

(5) Effective date

The provisions of this section shall not apply to the estate of

an individual who dies prior to the day that is 365 days after

the Secretary makes the certification required under paragraph

(4).

-SOURCE-

(Pub. L. 97-459, title II, Sec. 207, as added Pub. L. 106-462,

title I, Sec. 103(4), Nov. 7, 2000, 114 Stat. 1995.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Land Consolidation Act Amendments of 2000, referred to

in subsec. (g)(1), is Pub. L. 106-462, Nov. 7, 2000, 114 Stat.

1991. For complete classification of this Act to the Code, see

Short Title of 2000 Amendment note set out under section 2201 of

this title and Tables.

This chapter, referred to in subsec. (g)(2)(A), was in the

original "this Act", which was translated as reading "this title",

meaning title II of Pub. L. 97-459, to reflect the probable intent

of Congress.

-MISC1-

PRIOR PROVISIONS

A prior section 2206, Pub. L. 97-459, title II, Sec. 207, Jan.

12, 1983, 96 Stat. 2519; Pub. L. 98-608, Sec. 1(4), Oct. 30, 1984,

98 Stat. 3172; Pub. L. 101-644, title III, Sec. 301(a), Nov. 29,

1990, 104 Stat. 4666, related to escheat to tribe of trust or

restricted or controlled lands, fractional interests, and Indian

tribal codes, prior to repeal by Pub. L. 106-462, title I, Sec.

103(4), Nov. 7, 2000, 114 Stat. 1995.

JUDICIAL REVIEW

Pub. L. 106-462, title I, Sec. 104, Nov. 7, 2000, 114 Stat. 2006,

provided that: "Notwithstanding section 207(g)(5) of the Indian

Land Consolidation Act (25 U.S.C. 2206(f)(5) [2206(g)(5)]), after

the Secretary of the Interior provides the certification required

under section 207(g)(4) of such Act, the owner of an interest in

trust or restricted land may bring an administrative action to

challenge the application of such section 207 to the devise or

descent of his or her interest or interests in trust or restricted

lands, and may seek judicial review of the final decision of the

Secretary of the Interior with respect to such challenge."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2205, 2212, 2218 of this

title.

-End-

-CITE-

25 USC Sec. 2207 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2207. Full faith and credit to tribal actions under tribal

ordinances limiting descent and distribution of trust or

restricted or controlled lands

-STATUTE-

The Secretary in carrying out his responsibility to regulate the

descent and distribution of trust lands under section 372 of this

title, and other laws, shall give full faith and credit to any

tribal actions taken pursuant to subsections (a) and (b) of section

2205 of this title, which provision shall apply only to estates of

decedent's whose deaths occur on or after the effective date of

tribal ordinances adopted pursuant to this chapter.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 208, Jan. 12, 1983, 96 Stat. 2519;

Pub. L. 106-462, title I, Sec. 103(5), Nov. 7, 2000, 114 Stat.

1999.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-462 substituted "subsections (a) and (b) of

section 2205" for "section 2205".

-End-

-CITE-

25 USC Sec. 2208 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2208. Conveyancing authority upon sale or exchange of tribal

lands; removal of trust status of individually owned lands

-STATUTE-

The Secretary shall have the authority to issue deeds, patents,

or such other instruments of conveyance needed to effectuate a sale

or exchange of tribal lands made pursuant to the terms of this

chapter and to remove, at the request of an Indian owner, the trust

status of individually held lands or interests therein, where

authorized by law.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 209, Jan. 12, 1983, 96 Stat. 2519.)

-End-

-CITE-

25 USC Sec. 2209 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2209. Trusteeship title of United States for any Indian or

Indian tribe

-STATUTE-

Title to any land acquired under this chapter by any Indian or

Indian tribe shall be taken in trust by the United States for that

Indian or Indian tribe.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 210, Jan. 12, 1983, 96 Stat. 2519.)

-End-

-CITE-

25 USC Sec. 2210 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2210. Tax exemption

-STATUTE-

All lands or interests in land acquired by the United States for

an Indian or Indian tribe under authority of this chapter shall be

exempt from Federal, State and local taxation.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 211, Jan. 12, 1983, 96 Stat. 2519.)

-End-

-CITE-

25 USC Sec. 2211 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2211. Governing body of tribe; construction of chapter as not

vesting with authority not authorized by tribal constitution or

by-laws

-STATUTE-

Nothing in this chapter shall be construed as vesting the

governing body of an Indian tribe with any authority which is not

authorized by the constitution and by-laws or other organizational

document of such tribe.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 212, as added Pub. L. 98-608, Sec.

1(5), Oct. 30, 1984, 98 Stat. 3173.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", which was translated as reading "this title", meaning title

II of Pub. L. 97-459, to reflect the probable intent of Congress.

-End-

-CITE-

25 USC Sec. 2212 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2212. Pilot program for the acquisition of fractional

interests

-STATUTE-

(a) Acquisition by Secretary

(1) In general

The Secretary may acquire, at the discretion of the Secretary

and with the consent of the owner, and at fair market value, any

fractional interest in trust or restricted lands.

(2) Authority of Secretary

(A) In general

The Secretary shall have the authority to acquire interests

in trust or restricted lands under this section during the

3-year period beginning on the date of certification that is

referred to in section 2206(g)(5) of this title.

(B) Required report

Prior to expiration of the authority provided for in

subparagraph (A), the Secretary shall submit the report

required under section 2217 of this title concerning whether

the program to acquire fractional interests should be extended

or altered to make resources available to Indian tribes and

individual Indian landowners.

(3) Interests held in trust

Subject to section 2213 of this title, the Secretary shall

immediately hold interests acquired under this chapter in trust

for the recognized tribal government that exercises jurisdiction

over the land involved.

(b) Requirements

In implementing subsection (a) of this section, the Secretary -

(1) shall promote the policies provided for in section 102 of

the Indian Land Consolidation Act Amendments of 2000;

(2) may give priority to the acquisition of fractional

interests representing 2 percent or less of a parcel of trust or

restricted land, especially those interests that would have

escheated to a tribe but for the Supreme Court's decision in

Babbitt v. Youpee (117 S (!1) Ct. 727 (1997));

(3) to the extent practicable -

(A) shall consult with the tribal government that exercises

jurisdiction over the land involved in determining which tracts

to acquire on a reservation;

(B) shall coordinate the acquisition activities with the

acquisition program of the tribal government that exercises

jurisdiction over the land involved, including a tribal land

consolidation plan approved pursuant to section 2203 of this

title; and

(C) may enter into agreements (such agreements will not be

subject to the provisions of the Indian Self-Determination and

Education Assistance Act of 1974 [25 U.S.C. 450 et seq.]) with

the tribal government that exercises jurisdiction over the land

involved or a subordinate entity of the tribal government to

carry out some or all of the Secretary's land acquisition

program; and

(4) shall minimize the administrative costs associated with the

land acquisition program.

(c) Sale of interest to Indian landowners

(1) Conveyance at request

(A) In general

At the request of any Indian who owns at least 5 percent of

the undivided interest in a parcel of trust or restricted land,

the Secretary shall convey an interest acquired under this

section to the Indian landowner upon payment by the Indian

landowner of the amount paid for the interest by the Secretary.

(B) Limitation

With respect to a conveyance under this subsection, the

Secretary shall not approve an application to terminate the

trust status or remove the restrictions of such an interest.

(2) Multiple owners

If more than one Indian owner requests an interest under

paragraph (1), the Secretary shall convey the interest to the

Indian owner who owns the largest percentage of the undivided

interest in the parcel of trust or restricted land involved.

(3) Limitation

If an Indian tribe that has jurisdiction over a parcel of trust

or restricted land owns 10 percent or more of the undivided

interests in a parcel of such land, such interest may only be

acquired under paragraph (1) with the consent of such Indian

tribe.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 213, as added Pub. L. 106-462,

title I, Sec. 103(6), Nov. 7, 2000, 114 Stat. 1999.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(3), was in the original

"this Act", which was translated as reading "this title", meaning

title II of Pub. L. 97-459, to reflect the probable intent of

Congress.

Section 102 of the Indian Land Consolidation Act Amendments of

2000, referred to in subsec. (b)(1), is section 102 of Pub. L.

106-462, which is set out as a note under section 2201 of this

title.

The Indian Self-Determination and Education Assistance Act of

1974, referred to in subsec. (b)(3)(C), probably means the Indian

Self-Determination and Education Assistance Act, Pub. L. 93-638,

Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified

principally to subchapter II (Sec. 450 et seq.) of chapter 14 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 450 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2213, 2214, 2215, 2217 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a period.

-End-

-CITE-

25 USC Sec. 2213 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2213. Administration of acquired fractional interests;

disposition of proceeds

-STATUTE-

(a) In general

Subject to the conditions described in subsection (b)(1) of this

section, an Indian tribe receiving a fractional interest under

section 2212 of this title may, as a tenant in common with the

other owners of the trust or restricted lands, lease the interest,

sell the resources, consent to the granting of rights-of-way, or

engage in any other transaction affecting the trust or restricted

land authorized by law.

(b) Conditions

(1) In general

The conditions described in this paragraph are as follows:

(A) Until the purchase price paid by the Secretary for an

interest referred to in subsection (a) of this section has been

recovered, or until the Secretary makes any of the findings

under paragraph (2)(A), any lease, resource sale contract,

right-of-way, or other document evidencing a transaction

affecting the interest shall contain a clause providing that

all revenue derived from the interest shall be paid to the

Secretary.

(B) Subject to subparagraph (C), the Secretary shall deposit

any revenue derived under subparagraph (A) into the Acquisition

Fund created under section 2215 of this title.

(C) The Secretary shall deposit any revenue that is paid

under subparagraph (A) that is in excess of the purchase price

of the fractional interest involved to the credit of the Indian

tribe that receives the fractional interest under section 2212

of this title and the tribe shall have access to such funds in

the same manner as other funds paid to the Secretary for the

use of lands held in trust for the tribe.

(D) Notwithstanding any other provision of law, including

section 476 of this title, with respect to any interest

acquired by the Secretary under section 2212 of this title, the

Secretary may approve a transaction covered under this section

on behalf of a tribe until -

(i) the Secretary makes any of the findings under paragraph

(2)(A); or

(ii) an amount equal to the purchase price of that interest

has been paid into the Acquisition Fund created under section

2215 of this title.

(2) Exception

Paragraph (1)(A) shall not apply to any revenue derived from an

interest in a parcel of land acquired by the Secretary under

section 2212 of this title after -

(A) the Secretary makes a finding that -

(i) the costs of administering the interest will equal or

exceed the projected revenues for the parcel involved;

(ii) in the discretion of the Secretary, it will take an

unreasonable period of time for the parcel to generate

revenue that equals the purchase price paid for the interest;

or

(iii) a subsequent decrease in the value of land or

commodities associated with the land make it likely that the

interest will be unable to generate revenue that equals the

purchase price paid for the interest in a reasonable time; or

(B) an amount equal to the purchase price of that interest in

land has been paid into the Acquisition Fund created under

section 2215 of this title.

(c) Tribe not treated as party to lease; no effect on tribal

sovereignty, immunity

(1) In general

Paragraph (2) shall apply with respect to any undivided

interest in allotted land held by the Secretary in trust for a

tribe if a lease or agreement under subsection (a) of this

section is otherwise applicable to such undivided interest by

reason of this section even though the Indian tribe did not

consent to the lease or agreement.

(2) Application of lease

The lease or agreement described in paragraph (1) shall apply

to the portion of the undivided interest in allotted land

described in such paragraph (including entitlement of the Indian

tribe to payment under the lease or agreement), and the Indian

tribe shall not be treated as being a party to the lease or

agreement. Nothing in this section (or in the lease or agreement)

shall be construed to affect the sovereignty of the Indian tribe.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 214, as added Pub. L. 106-462,

title I, Sec. 103(6), Nov. 7, 2000, 114 Stat. 2000.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2212 of this title.

-End-

-CITE-

25 USC Sec. 2214 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2214. Establishing fair market value

-STATUTE-

For purposes of this chapter, the Secretary may develop a system

for establishing the fair market value of various types of lands

and improvements. Such a system may include determinations of fair

market value based on appropriate geographic units as determined by

the Secretary. Such system may govern the amounts offered for the

purchase of interests in trust or restricted lands under section

2212 of this title.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 215, as added Pub. L. 106-462,

title I, Sec. 103(6), Nov. 7, 2000, 114 Stat. 2002.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", which was translated as reading "this title", meaning title

II of Pub. L. 97-459, to reflect the probable intent of Congress.

-End-

-CITE-

25 USC Sec. 2215 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2215. Acquisition Fund

-STATUTE-

(a) In general

The Secretary shall establish an Acquisition Fund to -

(1) disburse appropriations authorized to accomplish the

purposes of section 2212 of this title; and

(2) collect all revenues received from the lease, permit, or

sale of resources from interests in trust or restricted lands

transferred to Indian tribes by the Secretary under section 2212

of this title or paid by Indian landowners under section 2212(c)

of this title.

(b) Deposits; use

(1) In general

Subject to paragraph (2), all proceeds from leases, permits, or

resource sales derived from an interest in trust or restricted

lands described in subsection (a)(2) of this section shall -

(A) be deposited in the Acquisition Fund; and

(B) as specified in advance in appropriations Acts, be

available for the purpose of acquiring additional fractional

interests in trust or restricted lands.

(2) Maximum deposits of proceeds

With respect to the deposit of proceeds derived from an

interest under paragraph (1), the aggregate amount deposited

under that paragraph shall not exceed the purchase price of that

interest under section 2212 of this title.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 216, as added Pub. L. 106-462,

title I, Sec. 103(6), Nov. 7, 2000, 114 Stat. 2002.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2213 of this title.

-End-

-CITE-

25 USC Sec. 2216 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2216. Trust and restricted land transactions

-STATUTE-

(a) Policy

It is the policy of the United States to encourage and assist the

consolidation of land ownership through transactions -

(1) involving individual Indians;

(2) between Indians and the tribal government that exercises

jurisdiction over the land; or

(3) between individuals who own an interest in trust and

restricted land who wish to convey that interest to an Indian or

the tribal government that exercises jurisdiction over the parcel

of land involved;

in a manner consistent with the policy of maintaining the trust

status of allotted lands. Nothing in this section shall be

construed to apply to or to authorize the sale of trust or

restricted lands to a person who is not an Indian.

(b) Sales, exchanges and gift deeds between Indians and between

Indians and Indian tribes

(1) In general

(A) Estimate of value

Notwithstanding any other provision of law and only after the

Indian selling, exchanging, or conveying by gift deed for no or

nominal consideration an interest in land, has been provided

with an estimate of the value of the interest of the Indian

pursuant to this section -

(i) the sale or exchange or conveyance of an interest in

trust or restricted land may be made for an amount that is

less than the fair market value of that interest; and

(ii) the approval of a transaction that is in compliance

with this section shall not constitute a breach of trust by

the Secretary.

(B) Waiver of requirement

The requirement for an estimate of value under subparagraph

(A) may be waived in writing by an Indian selling, exchanging,

or conveying by gift deed for no or nominal consideration an

interest in land with an Indian person who is the owner's

spouse, brother, sister, lineal ancestor of Indian blood,

lineal descendant, or collateral heir.

(2) Limitation

For a period of 5 years after the Secretary approves a

conveyance pursuant to this subsection, the Secretary shall not

approve an application to terminate the trust status or remove

the restrictions of such an interest.

(c) Acquisition of interest by Secretary

An Indian, or the recognized tribal government of a reservation,

in possession of an interest in trust or restricted lands, at least

a portion of which is in trust or restricted status on November 7,

2000, and located within a reservation, may request that the

interest be taken into trust by the Secretary. Upon such a request,

the Secretary shall forthwith take such interest into trust.

(d) Status of lands

The sale, exchange, or conveyance by gift deed for no or nominal

consideration of an interest in trust or restricted land under this

section shall not affect the status of that land as trust or

restricted land.

(e) Land ownership information

Notwithstanding any other provision of law, the names and mailing

addresses of the Indian owners of trust or restricted lands, and

information on the location of the parcel and the percentage of

undivided interest owned by each individual, or of any interest in

trust or restricted lands, shall, upon written request, be made

available to -

(1) other Indian owners of interests in trust or restricted

lands within the same reservation;

(2) the tribe that exercises jurisdiction over the land where

the parcel is located or any person who is eligible for

membership in that tribe; and

(3) prospective applicants for the leasing, use, or

consolidation of such trust or restricted land or the interest in

trust or restricted lands.

(f) Notice to Indian tribe

After the expiration of the limitation period provided for in

subsection (b)(2) of this section and prior to considering an

Indian application to terminate the trust status or to remove the

restrictions on alienation from trust or restricted land sold,

exchanged or otherwise conveyed under this section, the Indian

tribe that exercises jurisdiction over the parcel of such land

shall be notified of the application and given the opportunity to

match the purchase price that has been offered for the trust or

restricted land involved.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 217, as added Pub. L. 106-462,

title I, Sec. 103(6), Nov. 7, 2000, 114 Stat. 2002.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2206 of this title.

-End-

-CITE-

25 USC Sec. 2217 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2217. Reports to Congress

-STATUTE-

(a) In general

Prior to expiration of the authority provided for in section

2212(a)(2)(A) of this title, the Secretary, after consultation with

Indian tribes and other interested parties, shall submit to the

Committee on Indian Affairs and the Committee on Energy and Natural

Resources of the Senate and the Committee on Resources of the House

of Representatives a report that indicates, for the period covered

by the report -

(1) the number of fractional interests in trust or restricted

lands acquired; and

(2) the impact of the resulting reduction in the number of such

fractional interests on the financial and realty recordkeeping

systems of the Bureau of Indian Affairs.

(b) Report

The reports described in subsection (a) of this section and

section 2212(a) of this title shall contain findings as to whether

the program under this chapter to acquire fractional interests in

trust or restricted lands should be extended and whether such

program should be altered to make resources available to Indian

tribes and individual Indian landowners.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 218, as added Pub. L. 106-462,

title I, Sec. 103(6), Nov. 7, 2000, 114 Stat. 2004.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", which was translated as reading "this title", meaning

title II of Pub. L. 97-459, to reflect the probable intent of

Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2212 of this title.

-End-

-CITE-

25 USC Sec. 2218 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2218. Approval of leases, rights-of-way, and sales of natural

resources

-STATUTE-

(a) Approval by the Secretary

(1) In general

Notwithstanding any other provision of law, the Secretary may

approve any lease or agreement that affects individually owned

allotted land or any other land held in trust or restricted

status by the Secretary on behalf of an Indian, if -

(A) the owners of not less than the applicable percentage

(determined under subsection (b) of this section) of the

undivided interest in the allotted land that is covered by the

lease or agreement consent in writing to the lease or

agreement; and

(B) the Secretary determines that approving the lease or

agreement is in the best interest of the owners of the

undivided interest in the allotted land.

(2) Rule of construction

Nothing in this section shall be construed to apply to leases

involving coal or uranium.

(3) Definition

In this section, the term "allotted land" includes any land

held in trust or restricted status by the Secretary on behalf of

one or more Indians.

(b) Applicable percentage

(1) Percentage interest

The applicable percentage referred to in subsection (a)(1) of

this section shall be determined as follows:

(A) If there are 5 or fewer owners of the undivided interest

in the allotted land, the applicable percentage shall be 100

percent.

(B) If there are more than 5 such owners, but fewer than 11

such owners, the applicable percentage shall be 80 percent.

(C) If there are more than 10 such owners, but fewer than 20

such owners, the applicable percentage shall be 60 percent.

(D) If there are 20 or more such owners, the applicable

percentage shall be a majority of the interests in the allotted

land.

(2) Determination of owners

(A) In general

For purposes of this subsection, in determining the number of

owners of, and their interests in, the undivided interest in

the allotted land with respect to a lease or agreement, the

Secretary shall make such determination based on the records of

the Department of the Interior that identify the owners of such

lands and their interests and the number of owners of such land

on the date on which the lease or agreement involved is

submitted to the Secretary under this section.

(B) Rule of construction

Nothing in subparagraph (A) shall be construed to authorize

the Secretary to treat an Indian tribe as the owner of an

interest in allotted land that did not escheat to the tribe

pursuant to section 2206 of this title as a result of the

Supreme Court's decision in Babbitt v. Youpee (117 S (!1) Ct.

727 (1997)).

(c) Authority of Secretary to sign lease or agreement on behalf of

certain owners

The Secretary may give written consent to a lease or agreement

under subsection (a) of this section -

(1) on behalf of the individual Indian owner if the owner is

deceased and the heirs to, or devisees of, the interest of the

deceased owner have not been determined; or

(2) on behalf of any heir or devisee referred to in paragraph

(1) if the heir or devisee has been determined but cannot be

located (!1)

(d) Effect of approval

(1) Application to all parties

(A) In general

Subject to paragraph (2), a lease or agreement approved by

the Secretary under subsection (a) of this section shall be

binding on the parties described in subparagraph (B), to the

same extent as if all of the owners of the undivided interest

in allotted land covered under the lease or agreement consented

to the lease or agreement.

(B) Description of parties

The parties referred to in subparagraph (A) are -

(i) the owners of the undivided interest in the allotted

land covered under the lease or agreement referred to in such

subparagraph; and

(ii) all other parties to the lease or agreement.

(2) Tribe not treated as party to lease; no effect on tribal

sovereignty, immunity

(A) In general

Subparagraph (B) shall apply with respect to any undivided

interest in allotted land held by the Secretary in trust for a

tribe if a lease or agreement under subsection (a) of this

section is otherwise applicable to such undivided interest by

reason of this section even though the Indian tribe did not

consent to the lease or agreement.

(B) Application of lease

The lease or agreement described in subparagraph (A) shall

apply to the portion of the undivided interest in allotted land

described in such paragraph (including entitlement of the

Indian tribe to payment under the lease or agreement), and the

Indian tribe shall not be treated as being a party to the lease

or agreement. Nothing in this section (or in the lease or

agreement) shall be construed to affect the sovereignty of the

Indian tribe.

(e) Distribution of proceeds

(1) In general

The proceeds derived from a lease or agreement that is approved

by the Secretary under subsection (a) of this section shall be

distributed to all owners of undivided interest in the allotted

land covered under the lease or agreement.

(2) Determination of amounts distributed

The amount of the proceeds under paragraph (1) that are

distributed to each owner under that paragraph shall be

determined in accordance with the portion of the undivided

interest in the allotted land covered under the lease or

agreement that is owned by that owner.

(f) Rule of construction

Nothing in this section shall be construed to amend or modify the

provisions of Public Law 105-188 (25 U.S.C. 396 note), the American

Indian Agricultural Resources Management Act (25 U.S.C. 3701 et

seq.), title II of the Indian Land Consolidation Act Amendments of

2000, or any other Act that provides specific standards for the

percentage of ownership interest that must approve a lease or

agreement on a specified reservation.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 219, as added Pub. L. 106-462,

title I, Sec. 103(6), Nov. 7, 2000, 114 Stat. 2004.)

-REFTEXT-

REFERENCES IN TEXT

The American Indian Agricultural Resources Management Act,

referred to in subsec. (f), probably means the American Indian

Agricultural Resource Management Act, Pub. L. 103-177, Dec. 3,

1993, 107 Stat. 2011, as amended, which is classified generally to

chapter 39 (Sec. 3701 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 3701 of this title and Tables.

The Indian Land Consolidation Act Amendments of 2000, referred to

in subsec. (f), is Pub. L. 106-462, Nov. 7, 2000, 114 Stat. 1991.

Title II of the Act enacted provisions classified as a note under

section 396 of this title. For complete classification of this Act

to the Code, see Short Title of 2000 Amendment note set out under

section 2201 of this title and Tables.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a period.

-End-

-CITE-

25 USC Sec. 2219 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 24 - INDIAN LAND CONSOLIDATION

-HEAD-

Sec. 2219. Application to Alaska

-STATUTE-

(a) Findings

Congress finds that -

(1) numerous academic and governmental organizations have

studied the nature and extent of fractionated ownership of Indian

land outside of Alaska and have proposed solutions to this

problem; and

(2) despite these studies, there has not been a comparable

effort to analyze the problem, if any, of fractionated ownership

in Alaska.

(b) Application of chapter to Alaska

Except as provided in this section, this chapter shall not apply

to land located within Alaska.

(c) Rule of construction

Nothing in this section shall be construed to constitute a

ratification of any determination by any agency, instrumentality,

or court of the United States that may support the assertion of

tribal jurisdiction over allotment lands or interests in such land

in Alaska.

-SOURCE-

(Pub. L. 97-459, title II, Sec. 220, as added Pub. L. 106-462,

title I, Sec. 103(6), Nov. 7, 2000, 114 Stat. 2006.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", which was translated as reading "this title", meaning

title II of Pub. L. 97-459, to reflect the probable intent of

Congress.

-End-